Copyright and it’s simplicity take 3

Copyright and it’s Simplicity

byKarl Riley

EDTC 6329

What is copyright?

Definition of COPYRIGHTthe exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)1

Remember

Public domainInternet materialsFair useTEACH ActGetting Permission

Public Domain

Definition of PUBLIC DOMAIN: the realm embracing property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to appropriation by anyone2

Public Domain

Digitization3

www.google.com ‘mass digitization projects’About 4,720,000 results (0.20 seconds) 4

Internet Materials

Copyright protection5

is not automatically public domainis automatically applied

Implied and Expressed Licenses6

on internet, implied usereasonably expects

Fair Use

Definition of FAIRmarked by impartiality and honesty : free from self-interest, prejudice, or favoritism <a very fair person to do business with> b (1): conforming with the established rules7

Fair Use

The four fair use factors:8

What is the character of the use? What is the nature of the work to be used? How much of the work will you use? What effect would this use have on the market for the original or for permissions if the use were widespread?

Fair Use

“Is the use you want to make of another's work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose?”9

Fair Use

Georgia State10

publishers versus universitycopying (making copies available) work

TEACH Act

Separate rules for educators11

110(1) – traditional classroom, existing110(2) – online classroom, newFair use12

TEACH Act

110(2) – online classroom, newrestricted online use of audiovisualremember fair use22 item checklist

TEACH Act

110(2) 22 item checklist – do I meet it?

Getting Permission

Contact the ownerseveral online methods/organizationsconfirm authorityget it written downkeep good recordsstill liable

References1 Copyright. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/copyright2 Public domain. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/public domain3 The public domain and orphan works. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/pdandorphan.html4 mass digitization projects. (2012). Retrieved September 2, 2012, from www.google.com5 Using materials from the Internet. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html6 Building on others creative expression. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html7 Fair. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/fair8 Fair use frequently asked questions. (2012). Retrieved September 1, 2012, from http://www.teachingcopyright.org/handout/fair-use-faq9 Using the four factor fair use test. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html#test10 Georgia State Electronic Course Materials Case Executive Summary. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/GSUcommentary.html11 The Teacher Act. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/teachact.html12 Challenges: Fair Use Available. (2012). Retrieved September 1, 2012, from http://www.provost.ncsu.edu/copyright/toolkit/challenges.php